Circular 06/2024/TT-BKHDT stipulating the responsibilities of bidders during the bidding process
Circular 06/2024/TT-BKHDT stipulates the responsibilities of contractors during the bidding process as follows:
According to Article 25 Circular 06/2024/TT-BKHDT, the responsibilities of contractors during the bidding process are as follows:
- The contractor is responsible for the accuracy of the information declared on the web form and attached document files during the bidding process. The contractor enters information according to the requirements of the E-PQT, E-PST, E-TD, and attaches document files to form the E-PQT, E-PST, E-TD as follows:
+ Information on the validity of the E-TD:
Regarding bid security, the contractor declares information and attaches a scanned copy of the bid security.
In case of using electronic bid security, the contractor selects bid security issued by domestic credit institutions or branches of foreign banks established under Vietnamese law, or insurance guarantee certificates of domestic non-life insurers or foreign non-life insurer's branches established under Vietnamese law, stored on the System into the E-TD.
For joint venture contractors, the members of the joint venture must use the same form of bid security: electronic bid security or paper;
For other contents, the contractor only declares information on the web form without attaching scanned copies of related documents.
+ Information on capability and experience:
For similar contracts and production capacity: the contractor declares and attaches related document files to prove the declared information;
For financial resource requirements: the contractor declares information; if the contractor uses credit supply commitments to prove financial resources, in addition to declaring information, the contractor must attach a scanned copy of the credit supply commitment;
For annual revenue and net asset value: since 2021, the System automatically extracts financial report data from the National Business Registration Information System and the Electronic Tax System into the contractor's capability profile;
For other contents: the contractor declares on the web form without attaching scanned copies of related documents;
For financial report data since 2021, if the contractor finds that the System has not updated the data according to the Electronic Tax System from 2021, the contractor modifies the information to match the data reported to the tax authorities; if the data updated by the contractor on the System is inconsistent with the data on the Electronic Tax System leading to a distortion of the contractor selection results, the contractor will be considered fraudulent, violating Clause 4 Article 16 of the Procurement Law 2023.
- The contractor is responsible for studying the E-PQT, E-PST, E-TD of the bids they are interested in to prepare the E-PQT, E-PST, E-TD to meet the requirements of the E-PQT, E-PST, E-TD.
If it is found that the E-PQT, E-PST, E-TD have unclear contents causing difficulties in preparing the E-PQT, E-PST, E-TD, the contractor must request the procuring entity to clarify the E-PQT, E-PST, E-TD so that the investor and the procuring entity can amend and supplement these documents accordingly.
- The contractor is responsible for monitoring and updating information on the System for the bids they are interested in or participating in.
In case of errors due to not monitoring or updating information on the System leading to disadvantages for the contractor during the bidding process, including changes, amendments to E-PQT, E-PST, E-TD, submission times for E-PQT, E-PST, E-TD, clarification times for E-PQT, E-PST, E-TD, contract negotiation times and other contents, the contractor must bear the responsibility and disadvantages during the bidding process.
- In case the legal representative of the contractor authorizes the branch manager, subordinate company manager, or other heads of dependent units to perform tasks during the bidding process, the bidding on the System must be done using the contractor's System account and not using the System account of the branch, subordinate company, or other dependent unit.
If the System account of the branch or dependent units is used (dependent accounting unit), the contractor will be considered not meeting the eligibility requirements under Clause 1, Article 5 of the Procurement Law 2023.
- Perform other responsibilities including:
+ Register to participate in the System to ensure eligibility under Point d, Clause 1, Article 5 of the Procurement Law 2023;
+ Perform responsibilities as stipulated in Article 82 of the Procurement Law 2023;
+ Manage the System participation account and digital certificate registered on the System.
Circular 06/2024/TT-BKHDT stipulates the responsibilities of contractors during the bidding process as follows (Image from Internet)
Regulations on providing and posting information about projects, overall contractor selection plans, and contractor selection plans.
According to Article 12 Circular 06/2024/TT-BKHDT, the regulations on providing and posting information about projects, overall contractor selection plans, and contractor selection plans are as follows:
- Posting time: Information about the overall contractor selection plan and contractor selection plan is posted by the investor on the System as stipulated in Point a, Clause 1 and Clause 4, Article 8 of the Procurement Law 2023 and Clause 6, Article 14 of Decree 24/2024/ND-CP.
- When posting the overall contractor selection plan, the investor attaches documents that are the basis for forming the overall contractor selection plan as stipulated in Clause 2, Article 14 of Decree 24/2024/ND-CP.
For the contractor selection plan, basic information about the project is posted simultaneously with the contractor selection plan.
- In case the bid package has an approved estimate after the approval of the contractor selection plan as stipulated in Clause 2, Article 131 of Decree 24/2024/ND-CP, the approved estimate must be posted on the System at least 5 days before the bidding closure time.
- Attached documents:
The investor must attach the decision approving the overall contractor selection plan and the contractor selection plan during the posting process of the overall contractor selection plan and the contractor selection plan.
Guidelines for opening bids for online contractor selection
According to the provisions of Article 27 Circular 06/2024/TT-BKHDT, the guidelines for opening bids for online contractor selection are as follows:
(1) For bid packages applying the one-stage one-envelope method:
The procuring entity must open bids and publicize the bid-opening minutes on the System within no more than 2 hours from the bidding closure time.
(2) For bid packages applying the one-stage two-envelope method:
- The procuring entity must open the E-Technical Proposal and publicize the E-Technical Proposal opening minutes on the System within no more than 2 hours from the bidding closure time;
- After the decision approving the list of contractors meeting the technical requirements, the procuring entity posts this list on the System and attaches a scanned copy of the approval document on the System. After successful posting, the System sends notices to the participating contractors;
- After posting the list of contractors meeting the technical requirements, the procuring entity opens the E-Financial Proposal of the contractors on the list and publicizes the E-Financial Proposal opening minutes on the System.
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